Res 2006-016 - Laserfiche WebLink

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Bh Vol P~ iibii'?491` OF'R 294i] 587 Majeure, cause Completion of the Construction of the Conference Center to occur on or before April 1, 2008. Once the City has developed schematic plans for the Conference Center which illustrate the style and relationship of the components of the improvements to be constructed as part thereof, including, the exterior and interior of the conference center building itself, City shall submit same to JQH for its review for purposes of ascertaining whether the exterior architectural style of the Conference Center is compatible to that of the Hotel. JQH shall have ten (10) days within which to review such drawings and notify the City in writing whether or not JQH believes, in its reasonable discretion, that the architectural style of the exterior of the Conference Center is consistent with that of the Hotel. Failure of City to receive written objections to the schematic plans for the Conference Center from JQH within said period shall be deemed to be JQH's approval of said plans. Should JQH have any objections to same, JQH and the City shall discuss same and any revisions requested to be made to the Conference Center plans as a result thereof. Following such meeting, the City shall cause the schematic plans for the Conference Center to be revised to incorporate the revisions agreed upon by the City and JQH and City shall cause the final plans and specifications for the Conference Center to reflect such agreed upon revisions. 3.6.3. Conditions to Citv's Performance. The City's obligation to construct the Conference Center is conditioned upon: (a) JQH having timely performed all of JQH's obligations under this Agreement and no event having occurred which by itself, or with the giving of notice, passage of time, or both, would constitute an Event of Default hereunder; (b) the City obtaining all requisite governmental approvals necessary to construct the Conference Center; and (c) JQH having caused Commencement of Construction of the Hotel to have occurred. 3.6.4. JOH Particiaation in Construction Contract. If the Actual Costs will exceed the City's Cost Ceiling, and the design-build contractor is reasonably acceptable to JQH (including JQH's deemed approval thereof in accordance with Section 3.6.1 of this Agreement), JQH shall, upon request by the City, join in the execution of the design-build contract to evidence its primary obligation to the contractor to pay the JQH Portion directly to the contractor. 3.7. Construction Definitions. 3.7.1. Commence Construction. "Commencement of Construction" of an improvement occurs, "Construction Commences" on, and/or a party will be deemed to "Commence Construction" of, an improvement, at such time as the party obligated to construct the improvement has: 3.7.1.1. obtained all necessary permits and approvals from the City and any other governmental body having jurisdiction over the construction of the improvement to allow the construction thereof; 3.7.1.2. entered into a contract with a construction contractor which requires such contractor to construct the entirety of the improvement with all reasonable diligence; 803273.4 1 0